Law and Values

Laws generally reflect the values of a people. Moral Economic Political Social

Morality Traditional ideas of right and wrong ex: Laws against Murder = Killing is wrong

Not all that is immoral is also illegal! This is often VERY difficult for law students to keep in mind. ex. It is NOT illegal to lie to your friend… or hurt someone’s feelings… etc.

We expect our legal system to achieve many goals. Protect basic human rights Promote fairness Resolve conflicts Promote order and stability Promote desirable social and economic behavior Represent the will of the majority Protect the rights of the minority ** The problems found in most societies involve conflicts among these goals

As values change, so do laws EXAMPLES: Gay Marriage Pot legalization Women’s rights Minority rights Other examples???

“Equal Protection” does not guarantee everyone be treated equally in 3 respects: 1st: Limits government discrimination, not PRIVATE discrimination 2nd: Government is not required to “cure” inequalities by enacting legislation 3rd: Government can “discriminate” by putting people into groups and treating these groups differently Ex. 65 retirement, out-of-state tuition